WSR 97-22-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-217--Filed October 24, 1997, 4:44 p.m., effective October 26, 1997, 7:00 p.m.]

Date of Adoption: October 24, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-12700B.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: These rules allowed an experimental fishery targeted on surplus hatchery chinook salmon at the Soos Creek hatchery. The chinook run is over and coho are now arriving at the hatchery. The south sound coho run has been downgraded from a preseason forecast of approximately 400,000 fish to 258,000. Thus, there is no identified large surplus of coho salmon. Additionally, there is concern about achieving the egg take goal for coho at the Soos Creek hatchery. This year's returning coho are smaller than past years average and it will likely require more fish than usual to obtain the needed eggs. There is insufficient time to promulgate permanent rules as the run will be largely over in the next few weeks.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: October 26, 1997, 7:00 p.m.

October 24, 1997

Dirk Brazil

for Bern Shanks

Director

REPEALER

The following section of the Washington Administrative Code is repealed effective 7:00 p.m. Sunday, October 26, 1997: